Date: 21-08-2018
Business: Ld. M.M. is on leave, board discharged. Adjd. to
Next Purpose: FOR VERIFICATION
Next Hearing Date: 22-11-2018
Date: 22-11-2018
Business: Adv. for compt.pt. Ex. 6-Verification. Documents verified. Keep for arg. and pursis u/s. 202 of Cr.P.C.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 06-02-2019
Date: 06-02-2019
Business: Adv. for compt. pt.Ex.7-Pursis. Ex.8-List of documents. Dodcuments verified. Order passed below Ex.1-Process issued.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 21-06-2019
Date: 21-06-2019
Business: Adv. for both side pt. for evidence and reply on Ex. 14.
Next Purpose: FOR HEARING
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: Adv. for both side pt. Ex.15-Accd. exempted for today.
Reply filed by defence adv. on Ex. 14Appln. for interim compensation u/s. 143 (A) of Cr.P.C.
for arg. on Ex. 14.
Next Purpose: FOR HEARING
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Business: As per office order no. 66 of 2020. Reference. 1. High Court, Bombay Notification and Advisory dated 14th March 2020. 2. High Court, Bombay Circular (Annexure A) dt. 16/03/2020 as per direction of Principal Judge, Board Discharged.
Next Purpose: FOR HEARING
Next Hearing Date: 29-06-2020
Date: 29-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR HEARING
Next Hearing Date: 24-08-2020
Date: 24-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR HEARING
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR HEARING
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: Adv for complt pt. Adv for accud ab.
Exh.16-Appln for issue of warrant - Issue notice against accud.
Next Purpose: FOR HEARING
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Court is Vacant. Board discharged.
Next Purpose: FOR HEARING
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: Court is Vacant. Board discharged.
Next Purpose: FOR HEARING
Next Hearing Date: 19-06-2021
Date: 19-06-2021
Business: As per Office Order No. Estt.16/947/2021 of Chief Metropolitan Magistrate Office, dt. 15-06-2021, Board is discharged.
Next Purpose: FOR HEARING
Next Hearing Date: 21-06-2021
Date: 21-06-2021
Business: Both Parties absent.
Next Purpose: FOR HEARING
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: Complainant and his advocate present.
Exh. No. 17 - An application for issuing Non Bailable Warrant against Accused. O - Accused absent, issue NBW against accused.
For evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Exh. - 18 - An application by the Ld. Adv. for the complainant for taking the case on the board today is allowed. Complainant present. Ld. Adv. for complainant present. Exh. 19 - Index of List of Documents.-O-Seen. Exh. - 20 - Affidavit of Evidence of Ashish Dubey filed by the Ld. Adv. for the complainant. -O- Read and Recorded. For further examination in chief and cross examination.
Next Purpose: PART HEARD
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: Exh. - 21 - T.O.B. application of Ld. Adv. for accused is granted. Exh. - 22 - Vakalatnama filed by Ld. Adv. for accused. Exh. - 23 - An application for cancellation of warrant of Laxmi T. Dhuria and the same is cancelled subject to penalty of Rs. 1500/-, accused has paid the penalty. Exh. - 24 - An application for cancellation of warrant of Tribhuvan Dhuria and the same is cancelled subject to penalty of Rs. 1500/-, accused has paid the penalty.
Next Purpose: PART HEARD
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: Complainant and his advocate present.
Accused absent, his advocate present.
Exh. No. 25 - An application for exemption of accused. O - Granted for today only.
For further examination in chief.
Next Purpose: PART HEARD
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: Complainant present with advocate. Exh. - 26 - Accused absent and exempted. Ld. Adv. for accused present adjournment is granted to Ld. Adv. for accused subject to cost of Rs. 1000/- by accused to complainant. For further chief and cross examination.
Next Purpose: PART HEARD
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Complainant present with advocate. Exh. - 27 - Accused absent and exempted. Ld. Adv. for accused present. Further examination in chief of Ashish Kumar Dubey on Exh. - 20 by Ld. Adv. A. S. Upadhyay for the complainant resumed on S. A. Exh. - 28 - Boar Resolution. Exh. - 29 - Certified copy of minutes dated 27-04-2018. Exh. - 30 - Contract agreement. Exh. - 31 to Exh. - 33 - Three tax invoices. Exh. - 34 - to Exh. - 36 - Three cheques bearing Nos. 040191, 040192 and 040193 respectively. Exh. - 37 to Exh. - 39 - Three cheque return memos. Exh. - 40 - Office copy of notice. Exh. - 41 to Exh. - 45 - 05 Postal Receipts. Exh. - 46 to Exh. - 47 - Returned envelope from the post. Exh. - 40 - A - Notice from envelope. Exh. - 48 - Reply notice from accused. Cross examination by Ld. Adv. Tanaji Londhe for the accused. Cross over. No Re-Examination. Exh. - 49 - An application by Ld. Adv. for complainant for issuance of witness summons to the Bank Manager of Kotak Mahindra Bank, Andheri (East) Branch and the same is allowed.
Next Purpose: PART HEARD
Next Hearing Date: 24-12-2021
Date: 24-12-2021
Business: Complainant and his Adv. absent.
Accused absent Adv. for accused present.
Exh. no. 50 - An application by Adv. for accused for exemption. O - Granted.
Exh. No. 51 - Deposition of witness no. 2 on behalf of complainant.
Exh. No. 52 - An application for submitting certified copy of account statement. O - Allowed to produce.
Next Purpose: PART HEARD
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: Ld. Metropolitan Magistrate is on leave. Board discharged. Charge with Ld. Metropolitan Magistrate, 63rd Court, Andheri, Mumbai.
Next Purpose: PART HEARD
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: Declaration of Holiday on Monday 07th February 2022 O. W. No. RG/1611/9/2022 dt. 06Th February 2022 from Registrar General High Court, Bombay. Case Adj
Next Purpose: PART HEARD
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: Complainant absent. Ld. Adv. for complainant present. Exh. - 53 - Accused absent and exempted. Ld. Adv. for accused present. Exh. - 54 - Pursis of closure of evidence filed by Ld. Adv. for complainant - O - Seen.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: Complainant absent. Ld. Adv. for complainant present. Exh -17- App for issue NBW of accused. O- 313 statement is recorded but accused absent hence issue NBW against accused no.2 and 3. Exh - 18 - App for Exemption of the accused. O - case is 313 statement, hence app rejected.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: Adv. for complainant present.
Accused and his Adv. present.
Exh. No. 54 - An application by Adv. for accused for cancellation of warrant. O - NBW against accused no. 2 and 3 stands canceled subject to penalty of Rs. 1000/- each.
Exh. No. 56 - Statement U/sec. 313 of accused no. 2.
Exh. No. 57 - Statement U/sec. 313 of accused no. 3.
Matter is fixed for defence evidence of accused no. 2.
Next Purpose: PART HEARD
Next Hearing Date: 02-06-2022
Date: 02-06-2022
Business: Ld. Metropolitan Magistrate, 48th Court, Andheri, Mumbai is on Concession leave charge is with Ld. Metropolitan Magistrate, 65th Court, Andheri, Mumbai. Board Discharged.
Next Purpose: PART HEARD
Next Hearing Date: 01-07-2022
Date: 01-07-2022
Business: Complainant absent. Ld. Adv. for complainant present. Accused and Ld. Adv. for accused Present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: Adv. for Complainant present.
Adv. for accused present.
Exh. No. 59 - An application by Adv. for accused for adjournment. O - Adj. granted as a last chance.
Heard Oral argument by Adv. for complainant.
For argument on behalf of accused.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: Complainant absent. Ld. Adv. for complainant present. Accused absent Ld. Adv. for accused Present.
Exh - 60 - App for adjournment on behalf of accused. O - Adjournment granted as last chance.
On request of both parties case is adjourned on next date
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: Complainant and his Adv. present.
Accused and his Adv. absent.
Exh. No. 61 - An application by Adv. for complainant for issuing NBW against accused. O - Issue NBW against accused.
Later on Adv. for accused was present.
Exh. No. 62 - An application by adv. for accused for cancellation of NBW. O - NBW against accused stands cancelled on admonition.
Exh. No. 63 - Written argument on behalf of accused. O - Seen.
For Judgment.
Next Purpose: FOR JUDGMENT
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: Complainant absent. Ld Adv. for Complainant Present.
Accused absent. Ld Adv. for accused present.
Next Purpose: FOR JUDGMENT
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: Adv. for complainant present.
Accused and their Adv. absent.
Judgment dictated and pronounced in open court.
The accused No.1 M/s. Dhuria Offshore Sea Engineering Pvt. Ltd., accused no. 2. Mr. Tribhuvan Dhuria and accused no. 3. Mrs. Rashmi Dhuria are hereby convicted for the offence punishable under section 138 of the Negotiable Instrument Act, 1881 vide section 255(2) of the Code of Criminal Procedure, 1973.
Accused No. 2 and 3 are sentenced to suffer simple imprisonment for period of Three Months each and they shall pay jointly or severally compensation of Rs. 50,00,000/- (Rs. Fifty Lacs) to the complainant vide Section 357(3) of the Code of Criminal Procedure, in default of payment of compensation, accused shall suffer further simple imprisonment for the period of 15 days each.
The amount of compensation realized from the accused, shall be paid to the complainant, subject to expiry of the appeal period or the orders of Honourable Appellate Court (if any).
Accused to surrender their bail bond.
No question of set-off under section 428 of the Code of Criminal Procedure, 1973, as the accused has not spent any period in the custody during the trial.
Today i.e. on the date of judgment accused remained absent, hence in view of Section 418 (2) of Cr.P.C., issue standing Non-bailable warrant against the accused for their arrest through concerned police station for execution of sentence.
The copy of this Judgment shall be send to the convicted accused, free of cost, immediately after it is prepared, in view of section 363(1) of the Code of Criminal Procedure, 1973.
Nature Of Disposal: CONVICTED
Disposal Date: 21-09-2022
